Welcome! These Terms of Use ("Terms") are the agreement that governs how Black Hedge, Inc. ("BlackHedge", "us", "we", or "our") and you will treat each other when it comes to your access and use of our website, located at www.blackhedge.io ("Site"), our mobile applications, and other products and services provided by BlackHedge (collectively referred to as the "Services").
Our Services are not directed to persons under eighteen (18) years old. If you are under eighteen (18) years old, please do not use our Services. By using our Services: (a) you agree to be bound these Terms and our Privacy Policy; (b) you represent and warrant that you have the right, authority, and capacity to enter and abide by these Terms; and (c) you represent you are at least eighteen (18) years old. If you do not agree to these Terms and the Privacy Policy, do not access or use our Services.
Last Updates : 07/24/2023
THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY
You are Responsible for Your own Financial Decisions: Our Services are intended only to inform you about financial topics, are broad in scope, and do not consider your personal financial situation. By using our Services, you agree that you bear responsibility for your own financial decisions and you also agree that BlackHedge will in no way be held liable for losses or gains arising out of use of the content or User Contributions (as defined below) of any type on the Site. You acknowledge that your investment decisions and recommendations, as applicable, are made entirely at your election and that BlackHedge content or User Contributions are solely one additional source of information in assisting your making those determinations. You similarly acknowledge that you will not hold any other BlackHedge user liable for losses or gains arising out of Content or User Contributions of any type on the Site.You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
No Personalized Advice: Your personal financial situation is unique, and the information provided may not be appropriate for your situation. You understand that no content published on the Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that we are not advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Services will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks as to which content is published on the Services may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity, and less publicly available information. Postings or content on the Services, which may or may not be deemed by you to be recommendations, may influence their stock prices. You understand that performance data is supplied by sources believed to be reliable, that the calculations and analysis herein are made using such data, and that such calculations and analysis are not guaranteed by these sources or any other person or entity and may not be complete. As the user of the data, you are the sole and final decision maker with regards to your financial and investment decisions.You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.To the extent the Services provide model portfolios or actual portfolios of investments, such portfolios are chosen by the authors of the Services in accordance with their personal investment strategy and are not to be construed as investment advice, nor should they be considered suitable to you or any other person. You understand that the securities posted on the Services or displayed in the actual portfolios may be held by affiliates of BlackHedge and that the mention of a security on the Services should not be considered a recommendation to purchase or sell that particular security.From time to time, reference may be made on our Services to articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and may not be current. As markets change continuously, previously published information and data are not likely to be current and should not be relied upon.Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
No Investment Recommendations or Professional Advice: The Services are not intended to provide tax, legal, insurance, or investment advice, and nothing in the Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by BlackHedge or any third party. Before selling or buying any investment, whether based on the model portfolios, actual portfolios or otherwise, you should consult with a qualified investment adviser, broker, or other financial professional to verify the suitability of the investment and pricing information. You should also consult an attorney or tax professional regarding your specific legal or tax situation.
Your Access and Use of Our ServicesYour right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Pursuant to these Terms and other relevant BlackHedge policies, we grant you a non-exclusive, non transferable, nonsublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal use only. Using any of the Services or information provided for commercial uses is stric-tly prohibited. BlackHedge reserves the right to revoke permission to access and use our Services at any time.
Prohibited BehaviorAccess and use of the Services is subject to all applicable international, federal, state, and local laws and regulations. You agree not to use the Services in any way that violates such laws or regulations.You may not republish, upload, post, transmit or distribute content from the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.Specifically, you will not submit information that violates any confidentiality agreements, insider trading regulations, or U.S. Securities and Exchange Commission (SEC) regulations.
In addition, in connection with your use of the Services, you agree not to:
Use the Services for any unlawful or unauthorized purpose
Create an account with false information
Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of "hacking" or defacing any portion of the Services
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services, or delete the copyright or other proprietary rights notices on the
Services
Secretly use the Services to track or collect any information regarding another person
Modify, move, add to, delete, or otherwise tamper with the information contained in BlackHedge's Services
Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Services
"Frame" or "mirror" any part of the Site without our prior written authorization
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents
Harvest or collect information about visitors to the Site without their express consent.
Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of another;
Cause or facilitate or aid any third party to engage in the restricted activities above or otherwise outlined herein
Account CreationBy using our Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive emails from BlackHedge from which you may opt out (unsubscribe) at any time. All information provided as Registration Data will be subject to the terms of the Privacy Policy. As such, you agree that all information you provide to the Site will be subject to the Privacy Policy and you consent to any actions we take with respect to the Registration Data consistent with our Privacy Policy.
Subscription Terms
For Apple users:
Subscriptions will be charged to your credit card through your iTunes account. Your subscription will automatically renew unless canceled at least 24 hours before the end of the current period. You will not be able to cancel the subscription once activated. Manage your subscriptions in Account Settings after purchase. No refunds will be made for any subscription charges billed and incurred after you confirm your purchase.
For Android users:
Subscriptions will be charged to your credit card through your Google Play account. Your subscription will automatically renew unless canceled at least 24 hours before the end of the current period. You will not be able to cancel the subscription once activated. Manage your subscriptions in Account Settings after purchase. No refunds will be made for any subscription charges billed and incurred after you confirm your purchase.
Account Security
You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your password or other security information.You agree to notify us immediately of any unauthorized access to or use of your password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Changes to our Services and Pricing
We reserve the right to modify or discontinue any of the Services or our prices at any time without prior notice. Modifications may include, but are not limited to, charging for access, changes in the pricing structure, the addition of fees, or other changes in the manner of providing or operating of the Services we provide.We shall not be liable to you or any third-party should we modify or discontinue Services and any new feature, addition, or enhancement to the Services shall also be subject to these Terms.
Changes to our Terms
We reserve the right to update these Terms from time to time without prior notice. We will notify you when we make changes to these Terms by posting the revised Terms and by revising the "Last Updated" date at the top of this page.All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.
Consent to CommunicationsWhen you sign up for an account or contact us, you agree we can contact you, including emails, texts, phone call, or push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of emails or text messages, please unsubscribe by following the unsubscribe instructions included in the communication. If you wish to opt out of push notifications, please check your device settings. Opting out of communications may impact the functionality of our Services.
BlackHedge Intellectual Property Rights
All intellectual property rights in the Services shall be owned by BlackHedge absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All intellectual property of BlackHedge, or its licensors, is protected by copyright, trademark, and other intellectual property laws. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners.You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information ("Feedback") provided by you to us are non-confidential and shall become the sole property of BlackHedge, and BlackHedge shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Services for commercial or public purposes. You may not use our trademarks for any purpose including, but not limited to use as hot links or meta tags in other pages or Services on the World Wide Web without the written permission of BlackHedge. Nothing contained on these Services shall be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation.
Third Party Information
Some of the information on the Services is supplied by independent third parties. While BlackHedge makes every effort to ensure the accuracy of information on the Services, BlackHedge makes no warranty as to the accuracy of any such information from third parties.
Links to Third Party Services
Our Services may contain links to other websites. These third-party websites are not run by us and have their own site terms of use and privacy policies. We suggest that you carefully review the terms of use of each site you choose to access from our Services. We have no control over the content of third-party sites and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.
NO WARRANTIES AND DISCLAIMERS
THE SERVICES, THE INTERACTIVE AREAS, AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. BlackHedge, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY “BlackHedge” FOR THE PURPOSES OF THIS SECTION) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BlackHedge DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: 1) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, THE INTERACTIVE AREAS AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; 2) THIRD PARTY COMMUNICATIONS; 3) ANY THIRD PARTY WEB SERVICES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; 4) THE UNAVAILABILITY OF THESE SERVICES, THE INTERACTIVE AREAS, THE CONTENT OR ANY PORTION THEREOF; 5) YOUR USE OF THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT; 6) THE TIMELESSNESS, DELETION, MISS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING; OR 6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT.
BlackHedge DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, AND ANY DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BlackHedge, ITS USERS, OR VISITORS, WHETHER MADE ON OUR SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
NEITHER BlackHedge NOR ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY “BlackHedge” FOR THE PURPOSES OF THIS SECTION) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BlackHedge FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES.
INDEMNITY
You agree to defend, indemnify, and hold BlackHedge, including our affiliates, subsidiaries, successors, and assigns, and each of their respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of and participation in the Services, including: (1) your breach of these Terms or the other documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through the Services or to us infringe or otherwise violate the copyright, trademark, trade secret, right of publicity or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Account Termination
You understand and agree that BlackHedge may, under certain circumstances and without prior notice to you, terminate your access to and use of the Services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of copyrights or other intellectual property.
Privacy
BlackHedge’s Privacy Policy explains how we treat your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that BlackHedge can use the data you provide in accordance with our Privacy Policy.
Security
The security of information transmitted through the Internet can never be guaranteed. BlackHedge is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services. We expressly disclaim liability arising from the unauthorized use of your account. To protect you and your data, we may suspend your use of the Services, without notice, pending an investigation, if any breach of security is suspected.Should you suspect that any unauthorized party may be using your account, or you suspect any other breach of security, you agree to notify us immediately.
Miscellaneous• Entire Agreement: These Terms and any other policies posted on the Services constitute the entire agreement and supersede all other agreements between BlackHedge and you relating to this subject matter.
• No Assignment: We may give our rights or our obligations under these Terms or Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or obligations under these Terms or our Privacy Policy without first getting our written consent. Any attempt to assign your rights or obligations without our written consent is void.
• Governing Law and Jurisdiction: ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY DELAWARE LAW, EXCLUDING DELAWARE CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF DOVER, DELAWARE (USA). YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS
• Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
• Survival: All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity, and limitations of liability.
• No Waiver: BlackHedge will not be treated as having waived any rights by not exercising, (or delaying exercise of) any rights under these Terms.
• Notices: You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. All official notices given by you or required from you under these Terms must be in writing and addressed to:Black Hedge, Inc.8 The Green, Ste A, Dover, DE 19901, USANotices provided without compliance with this subsection will have no legal effect.